PRIVACY, SECURITY AND USER AGREEMENT

Kadir Büyükkaya Shop Giyim San. ve Tic. A.Ş., domiciled at Çağlayan Mah. Park Cad. No:15 34403 Kağıthane – İstanbul, Türkiye ("Kadir BÜYÜKKAYA"), shall not use the personal information transmitted by users through [www.kadirbuyukkayashop.com.tr](https://www.kadirbuyukkayashop.com.tr) (the "Website") outside the purposes and scope determined by this Privacy Policy, and shall not share it with third parties without permission. By visiting this Website, each User shall be deemed to have accepted the provisions of this Privacy, Security and User Agreement.

 Personal information includes any and all personal data intended to identify the user directly or indirectly, such as name and surname, date of birth, home address, mobile and landline telephone number, and e-mail address, and shall be referred to in short as "Confidential Information".

Kadir BÜYÜKKAYA may use personal information within its own organisation for the purposes of profiling, statistical studies, advertising, promotion, marketing and other communication activities, and unless you request otherwise, daily and weekly information e-mails will be sent to your e-mail address. You have the right to make changes regarding these e-mails, to opt out of the service and to restart it at any time. The content of these e-mails may include information about the product or products you have purchased, other products we believe may interest you, advertisements of third parties and similar information. Demographic information is used to tailor our site to the interests of our users. This information may be shared with advertisers solely together with information belonging to other users, for the purpose of ensuring that advertisements can be tailored to the target audience. No personal information is disclosed in any way in this data; it is used only to draw certain conclusions about user tendencies as a group and for segmentation purposes. The financial information collected is used to invoice you for the products and services you purchase. When you make a purchase on our site, you accept that your financial information will be provided to the third parties (banks, credit card companies, etc.) necessary to carry out your transaction. The information to be shared includes all necessary financial information, including the credit card number, expiry date and CVV2.

Kadir BÜYÜKKAYA undertakes to keep personal information strictly confidential, to regard this as an obligation of secrecy, and to take the necessary measures and exercise the necessary care to ensure and maintain confidentiality and to prevent all or any part of the confidential information from entering the public domain, being used without authorisation, or being disclosed to a third party. Notwithstanding Kadir BÜYÜKKAYA's implementation of the necessary information security measures, Kadir BÜYÜKKAYA shall bear no liability in the event that confidential information is damaged or falls into the hands of third parties as a result of attacks carried out against the website and the system.

Kadir BÜYÜKKAYA may obtain information about users and about users' use of the Website by employing a technical communication file (Cookie). However, users may, if they wish, change their browser settings in such a way that the technical communication file is not received, or that a warning is given when the technical communication file is sent.

 Kadir BÜYÜKKAYA is not liable for any direct or indirect damage that may arise from entering this website; from the use of the site or of the information, other data, programs, etc. on the site; whether based on breach of contract, tort or any other grounds. Kadir BÜYÜKKAYA accepts no liability whatsoever for interruption of a transaction, error, omission or discontinuity arising as a result of breach of contract, tort, negligence or other causes. Kadir BÜYÜKKAYA accepts no legal or criminal liability whatsoever that may arise where users, by entering the website or using the mobile application, use personal information belonging to another person such as their IP address, e-mail address or username.

Kadir BÜYÜKKAYA reserves the right to change, reorganise and discontinue publication of the information presented on this site and its extensions without prior notice. Changes take effect at the moment they are published on the site or in the mobile application, and it is the users' responsibility to follow these changes. By using the site or entering the site, these changes are also deemed to have been accepted. These conditions also apply to other web pages that are linked.

 Membership cancellation and account deletion on the website may be carried out by the user. Kadir BÜYÜKKAYA reserves the right to decide whether or not to delete any and all records belonging to a user account terminated by the user himself/herself. The user may not claim any right or compensation in relation to the deleted records.

 This website is not responsible for links or references to other websites that are not under the control of Kadir BÜYÜKKAYA, for the contents of those sites, or for other links they contain.

Kadir BÜYÜKKAYA is the owner or licensee of, and legal protection applies to, the general appearance and design of this website together with all information and images on the website, the Kadir BÜYÜKKAYA trademark and other trademarks, the [www.kadirbuyukkayashop.com.tr](https://www.kadirbuyukkayashop.com.tr) domain name, logos, icons, technical data presented in demonstrative, written, electronic, graphic or machine-readable form, computer software, the sales system applied, the business method and the business model, i.e. all materials ("Materials"), as well as the intellectual and industrial property rights relating thereto. No material on the website, including code and software, may be modified, copied, reproduced, translated into another language, republished, uploaded to another computer, posted, transmitted, presented or distributed without prior permission and without citing the source. The website, in whole or in part, may not be used on another website without permission. Acts to the contrary entail legal and criminal liability.

All other rights of Kadir BÜYÜKKAYA not expressly stated herein are reserved.

 All of your credit card and personal information is encrypted at 128 bits with the SSL Secure system, the internet security standard. In this way, any interception of this information by unwanted persons or institutions during its transmission over the internet is prevented. For any questions and suggestions regarding our privacy policy, you may send us an e-mail through the contact section of our site.

 PRELIMINARY INFORMATION FORM

The name, quantity, VAT-inclusive sales price, payment method and basic characteristics of the goods or services subject to the contract, as well as information relating to these matters, are provided next to / beneath the visual relating to the product.

Packaging, shipping and delivery costs are borne by the BUYER. Shipping is added to the total order amount. It is not included in the product price. Delivery will be made by hand at the BUYER's stated address, through the contracted courier company. Even in the event that the BUYER is not present at his/her address at the moment of delivery, our Company shall be deemed to have fully and completely performed its obligation. For this reason, the SELLER is not liable for damages and expenses arising from the BUYER's late receipt and/or non-receipt of the product. The SELLER is responsible for delivering the product subject to the contract in sound and complete condition, in conformity with the qualities specified in the order, and together with any warranty certificates and user manuals.

Pursuant to the legal regulations, the product will be delivered within a maximum of 30 days from the date of the contract. However, it is envisaged that products ordered and confirmed during the day will be handed over to the courier immediately on the same day and that, in general, the product will be delivered to the BUYER within a maximum of 5 business days. All liability up to the moment the product is delivered belongs to the SELLER.

The consumer (BUYER) has the right to withdraw from the contract within 14 (fourteen) days without giving any reason and without paying any penalty. The withdrawal period starts, in contracts relating to the delivery of goods, on the day the consumer or the third party designated by the consumer takes delivery of the goods. However, the consumer may also exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the goods. In determining the withdrawal period, the day on which the consumer or the third party designated by the consumer takes delivery of the last of the goods shall be taken as the basis.

The consumer may not exercise the right of withdrawal in the following contracts:

    Contracts relating to goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the SELLER or the provider.
    Contracts relating to goods prepared in line with the consumer's requests or personal needs.
    Contracts relating to the delivery of goods that are perishable or liable to pass their expiry date.
    Contracts relating to the delivery of goods whose protective elements such as packaging, tape, seal or wrapping have been opened after delivery and whose return is not suitable in terms of health and hygiene.
    Contracts relating to goods which, after delivery, become mixed with other products and which by their nature cannot be separated.
    Contracts relating to books, digital content and computer consumables supplied in a material medium, where protective elements such as packaging, tape, seal or wrapping have been opened after delivery of the goods.
    Contracts relating to the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
    Contracts relating to accommodation, transport of goods, car rental, supply of food and beverages, and the use of leisure time for entertainment or recreation purposes, which must be performed on a specific date or within a specific period.
    Contracts relating to services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
    Contracts relating to services whose performance has begun with the consumer's approval before the withdrawal period expires.

Consumers' complaints and objections: Should you have a complaint on any matter relating to your order and/or the product subject to your order and/or your order in general, you may convey your complaints to the SELLER via the contact details stated above or the contact details stated on the [www.viadellerose.com](https://www.viadellerose.com) website. The complaint applications you submit will be recorded immediately, will be evaluated by the competent units and an effort will be made to resolve them, and you will be given a response as soon as possible. In addition, you may submit your complaint applications directly to the Consumer Arbitration Committee or the Consumer Court at the place of your residence or where the consumer transaction was carried out. (Within the monetary limits determined each year in December by the Ministry of Customs and Trade, the monetary limits regarding the duty and competence of the Consumer Arbitration Committees to hear disputes for the year 2016 have been established as follows: the upper monetary limit for district consumer arbitration committees is 2,320 Turkish Lira; the monetary limit for provincial consumer arbitration committees in provinces with metropolitan status is between 2,320 Turkish Lira and 3,480 Turkish Lira; the upper monetary limit for provincial consumer arbitration committees in the centres of provinces without metropolitan status is 3,480 Turkish Lira; and the monetary limit for provincial consumer arbitration committees in the districts of provinces without metropolitan status is between 2,320 Turkish Lira and 3,480 Turkish Lira.)

SELLER:

Title: Kadir Büyükkaya Shop Giyim San. ve Tic. A.Ş

Address: CEVİZLİ MAH. Zuhal Cad. Ritm İst AVM  A Ticari  Blok Ofis  375-376  Maltepe

Telephone: +905332582566

Customer Services Telephone: +905332582566

Mersis Number: 4861387975

 DISTANCE SALES CONTRACT

This CONTRACT governs the rights and obligations of the parties in relation to the sale and delivery to the BUYER of, and other matters concerning, the products/services specified below (the "Product/Products") which the BUYER (the CONSUMER) wishes to purchase by placing an order on the SELLER's e-commerce website [www.kadirbuyukkayashop.com.tr](https://www.kadirbuyukkayashop.com.tr) (the "WEBSITE"), including cases in which the transaction is carried out via the application on his/her mobile device. After the BUYER approves this CONTRACT on the WEBSITE, the price and expenses of the PRODUCT(S) ordered are collected by the payment method he/she has chosen.

ARTICLE 1 - PARTIES

SELLER

:

 

Title

:

Kadir Büyükkaya Shop Giyim San. ve Tic. A.Ş

Mersis No

:

4861387975

Address

:

CEVİZLİ MAH. Zuhal Cad. Ritm İst AVM  A Ticari  Blok Ofis  375-376  Maltepe

Telephone

:

+905332582566

Fax

:

 

e-mail

:

[email protected]

Website Address

:

kadirbuyukkayashop.com.tr

Bank Account

:

 

Branch Code

:

 

Account No

:

 

IBAN

:

 

 

BUYER (CONSUMER)

 

 

Name, Surname/Title

:

 

Address

:

 

Telephone

:

 

e-mail

:

 

 ARTICLE 2 - SUBJECT

The subject of this CONTRACT is the determination of the rights and obligations of the parties, pursuant to Law No. 6502 on the Protection of the Consumer, the Regulation on Distance Contracts and other relevant legal provisions, in relation to the sale and delivery of the PRODUCT(S) whose characteristics and sales price are specified below and which the SELLER sells to the BUYER electronically via the [www.kadirbuyukkayashop.com.tr](https://www.kadirbuyukkayashop.com.tr) WEBSITE, including cases in which the transaction is carried out via the application on the mobile device.

ARTICLE 3 - INFORMATION ON THE PRODUCT SUBJECT TO THE CONTRACT, PRICE, PAYMENT AND DELIVERY

The Type and Kind, Quantity, Brand/Model/Colour, Unit Price(s) and Sales Price of the PRODUCT(S), together with the Payment (collection) Information and the Delivery Information including the place of delivery notified by the BUYER, are as stated below. In the event that the courier company making the delivery has no branch at the BUYER's location, the BUYER is required to collect the PRODUCT(S) from another nearby branch to be notified by the SELLER (the necessary notification in this regard will be made to the BUYER by e-mail/mail, SMS or telephone). Other matters relating to delivery are set out in Article 7 of the Contract below.

Product Name and Basic Characteristics

Quantity

Unit Price
(total in Turkish Lira, VAT included)

Deferred/Immediate Sales Price
(total, VAT included)

 

 

 

 

 

 

Order processing and dispatch charges

 

 

TOTAL PAYMENT

 

 

PAYMENT METHOD AND PLAN

 

 

DELIVERY INFORMATION

 

Name, Surname/Title

:

 

Address

:

 

Telephone

:

 

E-Mail

:

 

INVOICE INFORMATION

 

Name, Surname/Title

:

 

Address

:

 

Telephone

:

 

E-Mail

:

 

           

 ARTICLE 4 - MATTERS OF WHICH THE BUYER HAS BEEN INFORMED IN ADVANCE

The BUYER confirms and accepts that, before this CONTRACT was concluded through his/her acceptance on the WEBSITE and before he/she placed the order or assumed any payment obligation, he/she was informed of the following matters by viewing and examining all general/specific explanations on the relevant pages/sections of the WEBSITE.

  • The SELLER's title and contact details together with its current identifying information,
  • The stages of the sales process during the purchase of the PRODUCT(S) from the WEBSITE, and the appropriate tools and methods for correcting information entered incorrectly,
  • The Professional Chamber of which the SELLER is a member (İTO - Istanbul Chamber of Commerce) and the electronic contact details from which information on the professional codes of conduct prescribed by İTO for the profession may be obtained (Telephone: 444 0 486, [www.ito.org.tr](https://www.ito.org.tr))
  • The rules on confidentiality, data use-processing and electronic communication with the BUYER applied by the SELLER in respect of BUYER information, the permissions granted by the BUYER to the SELLER in these matters, the BUYER's legal rights, the SELLER's rights and the procedures by which the parties exercise their rights,
  • The dispatch restrictions envisaged by the SELLER for the PRODUCT(S),
  • The payment methods and instruments accepted by the SELLER for the PRODUCT(S) subject to the contract, together with the basic features and characteristics of the PRODUCT(S) and the total price including taxes (the total amount that the BUYER will pay to the SELLER, including the relevant expenses),
  • Information on the procedures for delivery of the PRODUCT(S) to the BUYER and on transport-delivery-shipping costs,
  • Other payment/collection and delivery information relating to the PRODUCT(S), together with information on the performance of the CONTRACT and the parties' undertakings and responsibilities in these matters,
  • The PRODUCT(S) and other goods and services in respect of which the BUYER has no right of withdrawal,
  • In cases where the BUYER has a right of withdrawal, the conditions, period and procedure for exercising this right, and the fact that the BUYER will lose the right of withdrawal if it is not exercised within the period,
  • That, in respect of PRODUCT(S) subject to a right of withdrawal, if the PRODUCT(S) become damaged or undergo a change during the withdrawal period because they were not used in accordance with the instructions for use, their ordinary functioning or their technical characteristics, the BUYER's withdrawal request may not be accepted and that he/she will in any event be liable towards the SELLER, and that in cases accepted by the SELLER, the SELLER may deduct (set off) from the refund to be made to the BUYER an amount it deems appropriate in view of the damage or change in question,
  • In cases where a right of withdrawal exists (and in other relevant cases), how the PRODUCT(S) may be returned to the SELLER and all related financial matters (including return methods, costs and refund of the price of the PRODUCT(S), and the deductions and set-offs that may be made in respect of reward points earned/used, gift vouchers, free products and other free/discounted benefits provided to the BUYER at the time of the return),
  • That, where the BUYER is a legal entity, it may not exercise "consumer rights", in particular the right of withdrawal, in respect of PRODUCT(S) purchased for commercial or professional purposes (for example, bulk purchases are in any event deemed to be of this nature),
  • That all other terms of sale that, by their nature, are also included in this CONTRACT, together with this CONTRACT itself, are sent to the BUYER by electronic mail after being concluded through the BUYER's approval on the WEBSITE, and may therefore be stored by the BUYER for as long as he/she wishes and accessed from there, and that the SELLER may likewise retain them for a period of three years,
  • Procedures and practices concerning privacy, personal data and electronic commercial communications,
  • The contact details through which the BUYER may convey his/her complaints to the SELLER in the event of disputes, and the fact that he/she may make legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

 ARTICLE 5 - RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from this CONTRACT within fourteen (14) days from the date on which he/she takes delivery of the PRODUCT(S), without giving any reason and without paying any penalty.

The withdrawal period starts, in contracts relating to the delivery of goods, on the day the BUYER or the third party designated by the BUYER takes delivery of the goods. However, the BUYER may also exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the goods. In determining the withdrawal period, the following are taken as the basis:
a) For goods that are the subject of a single order but delivered separately, the day on which the BUYER or the third party designated by the BUYER takes delivery of the last of the goods,
b) For goods consisting of more than one piece, the day on which the BUYER or the third party designated by the BUYER takes delivery of the last piece,
c) For contracts under which the goods are delivered regularly over a specified period, the day on which the BUYER or the third party designated by the BUYER takes delivery of the first of the goods.

Within the scope of the right of withdrawal, the BUYER may send the Product via the designated carrier Yurtiçi Kargo from a branch within or outside the district in which he/she is located, in which case no charge is collected from the BUYER. The details regarding the return shipment are explained in the returns section on [www.kadirbuyukkayashop.com.tr](https://www.kadirbuyukkayashop.com.tr).

However, by law there is no right of withdrawal in contracts relating to the following goods/services, even if they have not been used or benefited from: 
a) goods prepared in line with the BUYER's special requests or personal needs (including those made specific to the person/personal needs by making changes or additions to them, and special Products imported/procured from within or outside the country upon the BUYER's order) 
b) perishable goods or goods liable to pass their expiry date, such as cosmetics and the like, and foodstuffs such as chocolate and the like 
c) likewise, goods such as cosmetics, swimwear and underwear products whose protective elements such as packaging, tape, seal or wrapping have been opened after delivery and whose return is not suitable in terms of health and hygiene 
d) goods which, after delivery, become mixed with other products and which by their nature cannot be separated 
e) all kinds of products with digital content, such as books, CDs, DVDs, audio and video recordings and software, whose protective elements such as packaging, tape, seal or wrapping have been opened, together with computer consumables; vi) all services performed instantly in an electronic environment and all kinds of intangible goods delivered instantly to the consumer
f) goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller/provider, 
g) periodicals such as newspapers and magazines, other than those provided under a subscription agreement 
h) services relating to accommodation, transport of goods, car rental, supply of food and beverages, and the use of leisure time for entertainment or recreation purposes, which must be performed on a specific date or within a specific period 
i) services whose performance has begun within the withdrawal period with the BUYER's approval, and 
j) other goods and services which in general are deemed to fall outside the scope of distance sales pursuant to the relevant legislation, together with cases in which the BUYER makes the purchase for commercial/professional purposes.

In cases where the exercise of the right of withdrawal is possible, the BUYER is liable by law for the changes and deterioration occurring if he/she does not use the goods during the withdrawal period in a manner consistent with their functioning, technical characteristics and instructions for use. Accordingly, if during the period up to the date of withdrawal a change or deterioration occurs because the PRODUCT(S) were not used in accordance with their instructions for use, technical characteristics and functioning, the BUYER may lose the right of withdrawal; in cases accepted by the SELLER, a deduction corresponding to the change/deterioration is made from the price of the PRODUCT(S) to be refunded.

In cases where a right of withdrawal exists, it is sufficient for the BUYER to have directed a clear notification to the SELLER (conveyed verbally/in writing to the contact addresses stated above) within the statutory period of 14 days stating that he/she is exercising the right of withdrawal. If the said right is exercised within the period, it is mandatory that the PRODUCT(S) be sent to the SELLER's above address within a maximum of ten (10) days, with the expenses to be borne by the BUYER.

In this return process, the PRODUCT(S) must be delivered complete and undamaged, together with their box, packaging and standard accessories, if any. Furthermore, pursuant to tax legislation, in addition to the cases in which a Return Invoice must be issued by the BUYER by law, the section relating to the return, indicated below, on the invoice to be returned together with the Product must be filled in and signed. Returns of orders whose invoice is issued in the name of institutions (legal entities) will not be accepted unless a Return Invoice is issued.

"The address to which the product is to be returned is the SELLER's address / the address of the courier company to which it is handed over for the return."

Provided that the requirements stated above are fulfilled by the BUYER, the price of the PRODUCT(S) and, if any, the costs of delivery of the PRODUCT(S) to the BUYER are refunded to the BUYER within 14 (fourteen) days from the date on which the withdrawal notice reaches the SELLER, in a manner consistent with the payment instrument he/she used when purchasing the PRODUCT(S).

The BUYER's legal rights and responsibilities in respect of the PRODUCT(S) after the withdrawal period, and the SELLER's contractual and legal rights and obligations vis-à-vis the BUYER, including its rights of collection and set-off covering claims relating to reward points, gift vouchers and free benefits, additionally exist and remain valid.


ARTICLE 6 - RULES CONCERNING SECURITY-CONFIDENTIALITY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL PROPERTY RIGHTS

The confidentiality rules-policy and conditions whose applicable principles are stated below are valid on the WEBSITE with regard to the protection, confidentiality, processing-use of information, communications and other matters.

6.1. The necessary measures for the security of the information entered and the transactions carried out by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER's side, to the extent of today's technical possibilities and according to the nature of the information and the transaction. Nevertheless, since the information in question is entered from the BUYER's device, the responsibility for taking the necessary measures on the BUYER's side, including those relating to viruses and similar harmful applications, so that such information is protected and cannot be accessed by unrelated persons, belongs to the BUYER.

6.2. In addition to and in confirmation of the permissions/approvals otherwise given by the BUYER concerning personal data and commercial electronic communications; the information obtained during the BUYER's membership of the WEBSITE and his/her purchases may be recorded indefinitely or for a period they may envisage, stored in printed/magnetic archives, updated where deemed necessary, shared, transferred, conveyed, used and otherwise processed by the SELLER, its current and future affiliates, subsidiaries, partners, successors and/or third persons/institutions to be designated by them, for the provision of various products/services and for electronic and other commercial-social communications to be made for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications. This data may also be conveyed to the relevant authorities and courts in cases required by law. The BUYER has consented and given permission for his/her existing and new personal and non-personal information to be used, shared and processed within the above scope in accordance with the legislation on the protection of personal data and the electronic commerce legislation, and for commercial and non-commercial electronic communications and other communications to be made to him/her.

6.3. The BUYER may at any time stop the data use-processing by contacting the SELLER through the stated communication channels, and/or stop the communications by contacting the same channels or by exercising the right of refusal in the electronic communications sent to him/her. In accordance with the BUYER's clear notification in this regard, personal data processing and/or communications to him/her are stopped within the maximum statutory period; furthermore, if he/she so wishes, information other than that which must be legally retained and/or which it is possible to retain is deleted from the data recording system or anonymised so that identity cannot be determined. If the BUYER wishes, he/she may at any time apply to the SELLER through the above communication channels and obtain information on matters such as the transactions relating to the processing of his/her personal data, the persons to whom it has been transferred, its correction if it is incomplete or incorrect, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to an outcome arising to his/her detriment through analysis by automated systems, and compensation in the event of loss due to the unlawful processing of the data. Applications and requests on these matters will be fulfilled within the maximum statutory periods, or may not be accepted with the legal grounds being explained to him/her.

6.4. All intellectual-industrial property rights and ownership rights in respect of all information and content belonging to the WEBSITE and its arrangement, revision and partial/full use belong to the SELLER, except for those belonging to other third parties under the SELLER's agreement.

6.5. The SELLER reserves the right to make any changes it may deem necessary in the above matters; such changes become effective from the moment they are announced by the SELLER on the WEBSITE or by other appropriate methods.

6.6. The privacy-security policies and terms of use of other sites accessed from the WEBSITE apply to those sites; the SELLER is not responsible for any disputes that may arise or their adverse consequences.

ARTICLE 7 - GENERAL PROVISIONS

7.1. The BUYER declares that he/she has read and become informed of the preliminary information on the [www.kadirbuyukkayashop.com.tr](https://www.kadirbuyukkayashop.com.tr) website concerning the basic characteristics of the PRODUCT(S) subject to the CONTRACT, the total sales price including all taxes, the method of payment, the fact that delivery costs will be borne by the BUYER, the period within which delivery will be carried out, the SELLER's full commercial title, full address, contact details and the right of withdrawal, and that he/she has given the necessary confirmation electronically.

7.2. The PRODUCT(S) subject to the CONTRACT are delivered to the BUYER or to the third person/institution at the address he/she indicated on the WEBSITE, on the principles stated below, provided that the statutory period of 30 days is not exceeded. The SELLER sends and has the PRODUCT(S) delivered through the contracted courier company for its shipments. In the event that this courier company has no branch at the BUYER's location, the BUYER is required to collect the PRODUCT(S) from another nearby branch of the courier company notified by the SELLER. In the event that the BUYER requests that the goods be sent by a carrier other than the carrier designated by the SELLER, the SELLER is not liable for any loss or damage that may occur from the moment the goods are handed over to the relevant carrier.

7.3. PRODUCT(S) in stock are handed over to the courier within a maximum of 5 (five) business days from the order date. However, if there are PRODUCT(S) included in a campaign within the same order, the end of the campaign is awaited and thereafter, within a maximum of 5 (five) business days, all PRODUCT(S) subject to the order are handed over to the courier company for delivery to the person and address notified by the CONSUMER at the time of the order. Although it varies according to distance, courier companies deliver the shipments they receive from the SELLER to the BUYERS within an average of 2 (two) business days under normal conditions. The SELLER cannot be held liable for the failure to deliver the ordered product to the BUYER due to any problem that the Courier Company may encounter at the stage of delivering the product to the BUYER.

7.4. In general, and unless expressly stated otherwise, delivery costs (shipping fee, etc.) belong to the BUYER. Depending on the campaigns it runs at the time of the sale and whose conditions it announces on the WEBSITE, the SELLER may choose not to pass on all or part of such delivery costs to the BUYER. In cases where the right of withdrawal is exercised for all of the products subject to the order, as well as in cases where it is exercised for a part of them, if the amount falls below the minimum purchase amount of the SELLER's free shipping (delivery) campaign (from which the BUYER benefited), the entire delivery-shipping cost not collected within the scope of the campaign is collected by being set off against the amount to be refunded to the BUYER (in cases where the BUYER has paid a delivery-shipping fee, this fee is refunded).

Likewise, in all cases where the BUYER has received a discount by shopping for the minimum amount of any SELLER campaign, or has received a free (gift) product of the same nature, and in all cases where he/she has earned/used a gift voucher, if as a result of the exercise of the right of withdrawal for all or part of the products subject to the order the amount has fallen below the said minimum amount, or the condition for earning/using the gift voucher has in any way ceased to exist, and thus, in general terms, the conditions for benefiting from the campaign / the conditions for earning or using the gift voucher have been broken or not complied with by the BUYER, the entire discount in question (and likewise the price of the gift product, if any) is collected by being set off against the amount to be refunded to the BUYER; if the BUYER has earned a (virtual/physical) gift voucher on account of the purchase, this voucher is cancelled, and if he/she has used a (virtual or physical) gift voucher, the entire value of the voucher is likewise set off against the amount to be refunded to the BUYER.

These provisions are applied in the same way not only in cases where the right of withdrawal is exercised, but also in all other cases in which the PRODUCT(S) are returned, with the exception of defective products.

7.5. In the event that the BUYER is not personally present at his/her address at the time of delivery of the products and the persons at the address do not accept the delivery, the SELLER shall be deemed to have performed its obligation in this regard. In the event that there is no one at the address to take delivery, it is the BUYER's responsibility to contact the courier company and follow the shipment of the products. If the product is to be delivered to a person/institution other than the BUYER, the SELLER cannot be held liable for the absence of the person/institution to whom delivery is to be made at the address or for their refusal to accept the delivery. In such cases, any and all damages arising from the BUYER's late receipt of the PRODUCT(S), together with the expenses arising from the PRODUCT(S) having waited at the courier company and/or from the shipment being returned to the SELLER, also belong to the BUYER. If the PRODUCT(S) subject to the CONTRACT are to be delivered to a person/institution other than the BUYER, the SELLER cannot be held liable for the refusal of the person/institution to accept the delivery.

7.6. The BUYER is responsible for checking the PRODUCT(S) at the moment he/she takes delivery of them and, if he/she sees a problem with the PRODUCT(S) originating from the shipment, for refusing to accept the PRODUCT(S) and having a report drawn up by the official of the courier company. Otherwise, the SELLER will accept no liability. The BUYER shall inspect the PRODUCT(S) subject to the CONTRACT before taking delivery; he/she shall not accept from the courier company any damaged or defective goods/services that are dented, broken, or whose packaging is torn, etc. The goods/services taken delivery of shall be deemed to be undamaged and sound. After delivery, the obligation to protect the PRODUCT(S) with care belongs to the BUYER. If the right of withdrawal is to be exercised, the PRODUCT(S) must not be used. The invoice must absolutely be returned.

7.7. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before taking delivery of the PRODUCT(S). In cash sales, if the price of the PRODUCT(S) is not paid to the SELLER in full before delivery, and in instalment sales, if the instalment amount that has fallen due is not paid, the SELLER may unilaterally cancel the contract and may refrain from delivering the PRODUCT(S).

If, for any reason after the delivery of the product, the Bank/financing institution to which the credit card used in the transaction belongs does not pay the price of the PRODUCT(S) to the SELLER or demands back the amount it has paid, the PRODUCT(S) shall be returned by the BUYER to the SELLER within a maximum of 3 (three) days. If the non-payment of the product price arises from a fault or negligence of the BUYER, the shipping costs shall be borne by the BUYER. All other contractual and legal rights of the SELLER, including pursuing its claim for the price of the Product without accepting the return, are additionally and in any event reserved.

For the avoidance of doubt; in cases where the BUYER pays the sales price with a credit card, instalment card, etc. that he/she holds from banks (including financing institutions), all the facilities provided by such cards are credit and/or instalment payment facilities provided directly by the institution issuing the card; the sales of the PRODUCT(S) taking place within this framework, the price of which the SELLER collects in a lump sum or gradually, are not credit or instalment sales as between the parties to this CONTRACT, but cash sales. The SELLER's legal rights in cases legally deemed to be instalment sales (including the rights to terminate the contract in the event of non-payment of instalments and/or to demand payment of the entire remaining debt together with default interest) exist and are reserved within the framework of the relevant legislation. In the event of the BUYER's default, default interest is applied at a monthly rate as prescribed by the laws in force.

7.8. If the PRODUCT(S) cannot be delivered within the statutory maximum period of 30 days due to extraordinary circumstances outside normal sales/delivery conditions (adverse weather, heavy traffic, interruption of transport, earthquake, flood, fire, etc.), the SELLER informs the BUYER regarding the delivery. In that case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the PRODUCT(S) subject to the contract with an equivalent, if any, and/or postponement of the delivery period until the impeding circumstance is removed. If the BUYER cancels the order, the amount paid is refunded within 10 (ten) business days in a manner consistent with the payment instrument he/she used when purchasing the PRODUCT(S). In the case of payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 10 business days after the order is cancelled by the BUYER. Following the refund of this amount to the bank, its reflection in the BUYER's accounts is entirely related to the bank's transaction process, and it is not possible for the SELLER to intervene in this matter in any way.

7.9. If it becomes apparent that the SELLER cannot supply the PRODUCT(S) subject to the CONTRACT, the SELLER may, provided that it clearly informs the BUYER by a lawful method within three (3) days from the date it learns of this situation and obtains his/her verbal/written approval, supply another good/service of equal quality and price, and shall thereby be deemed to have fulfilled its undertaking under the CONTRACT. The BUYER is entirely free to give or withhold such approval, and in cases where he/she does not give approval, the contractual and legal provisions relating to order cancellation (termination of the Contract) apply.

7.10. In order cancellations and terminations of the Contract, including withdrawals in accordance with the Contract and the law, if the price of the Product has been collected, it is refunded to the BUYER within a maximum of 14 days. The requirements of the rule below are reserved. The refund is made in a manner consistent with the payment instrument the BUYER used in paying the price of the Product to the SELLER. For example, in credit card payments the refund transaction is likewise made by refunding to the BUYER's credit card, and the product amount is refunded to the relevant bank within the same period after the order is cancelled by the BUYER; since the reflection of this amount in the BUYER's accounts after the refund transaction to the bank has been carried out by the SELLER is entirely related to the bank's transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way or assume liability for possible delays (banks' processes of reflecting the refund into the BUYER's account can generally take up to three weeks). The SELLER has and reserves rights of set-off, discount and deduction arising from this Contract and from the law in respect of the amount to be refunded. The BUYER's legal rights relating to cases in which the CONTRACT is terminated by the BUYER due to the SELLER's failure to perform its obligation are likewise reserved and exist.

7.11. The BUYER may notify the SELLER of his/her requests and complaints regarding the Product and the sale, verbally or in writing, by contacting the SELLER through the communication channels set out in the introductory section of the CONTRACT.

7.12. Some of the matters written in Article 4 above may, by their nature, not be included in this CONTRACT; nevertheless, they are included in the Preliminary Information viewed/approved by the BUYER on the WEBSITE, as well as in the sales stages or general information pages/sections of the WEBSITE, as relevant.

7.13. Since they are sent, following his/her acceptance, to the e-mail (mail) address he/she has notified, the BUYER may at any time access and examine the Information in question and this CONTRACT by saving and storing the said mail on his/her device. They are, moreover, retained in the systems held by the SELLER for a period of 3 (three) years.

7.14. In the resolution of any dispute that may arise from this CONTRACT and/or its application, the SELLER's records (including records in magnetic media such as computer and voice recordings) constitute evidence; the parties' rights arising in this respect from the relevant mandatory legal regulations are valid and reserved.

7.15. The service offered by the SELLER is directed at the consumer within the scope of retail sales; the SELLER reserves the right to cancel the order and not deliver the PRODUCT(S) even if this CONTRACT has been concluded, in the event that it suspects that the BUYER has a resale purpose.

7.16. Pursuant to General Communiqué No. 385 on the Tax Procedure Law, in order for return transactions to be carried out, the relevant sections of the invoice containing the return section that we have sent to you must be filled in completely and, after being signed, sent back to us together with the product.


ARTICLE 8 - LEGAL REMEDIES - COMPETENT JUDICIAL AUTHORITIES

The BUYER may submit any and all requests and complaints to the SELLER's contact addresses stated in Article 1.

In disputes that may arise from this CONTRACT, the Provincial and District Consumer Arbitration Committees are competent and authorised within the monetary limits determined/announced each year by the Ministry of Customs and Trade as required by law, and the Consumer Courts are competent and authorised in cases exceeding these limits. Within this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts at his/her own place of residence (domicile) or, if he/she wishes, at that of the SELLER.

The BUYER acknowledges and declares that he/she has read all the conditions and explanations written in this CONTRACT and in the order-contract preliminary information forming an inseparable part of it (on the WEBSITE), that he/she had prior knowledge of all the matters written in Article 3 of this CONTRACT, including the basic features/characteristics of the PRODUCT(S) subject to the sale, the sales price, the method of payment, the delivery conditions, all other preliminary information and disclosures relating to the SELLER and the PRODUCT(S) subject to the sale, the right of withdrawal, and the conditions relating to personal information, electronic communication and reward points, that he/she viewed all of them electronically on the WEBSITE, and that, by giving his/her confirmation-approval-acceptance-permission to all of these electronically and ordering the PRODUCT(S), he/she has accepted the provisions of this CONTRACT.

Both the said preliminary information and this CONTRACT are also sent to the above electronic mail (mail) address notified by the BUYER to the SELLER, and confirmation that the order has been received is additionally included in the said electronic mail together with the order summary.

 

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